HomeMy WebLinkAboutContract 30110 {_ Contract No.
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INTERLOCAL AGREEMENT
THIS AGREEMENT is entered into by and between the City of Fort Worth,Texas, a home-
rule municipal corporation situated in Tarrant and Denton Counties, Texas, hereinafter called
"City," acting herein by and through Libby Watson, its duly authorized Assistant City Manager, and
Tarrant County, Texas, hereinafter called "County," acting herein by and through Tom Vandergriff,
its duly authorized County Judge as directed by the Commissioners Court of Tarrant County,Texas
WITNESSETH :
WHEREAS, Texas Government Code, Chapter 791, authorizes the formulation of
interlocal cooperation agreements between and among governmental entities; and
WHEREAS, Texas Government Code, § 791.011 provides that a local government may
contract with another to perform governmental functions and services, and the definition of
"governmental functions and services" under § 791.003(3) includes the areas of public health and
welfare as well as comprehensive health care; and
WHEREAS, the parties mutually desire to be subject to the provisions of Texas
Government Code, Chapter 791, also known as the Interlocal Cooperation Act;
NOW THEREFORE, it is agreed as follows:
1.
Term
The term of this agreement is for a period commencing April 1, 2004, and ending December
31, 2004.
2.
Services Provided by County
County agrees to provide immunization service against Hepatitis A to City firefighters,
police officers and other employees who may be at risk for the disease.
3.
Immunity and Liabilit
A. The County expressly waives its right to assert immunity from suit for a claim
forming the basis of a suit between the City and County alleging a breach of this Contract. The
County does this as consideration for the City's offer to enter into this Contract with the County.
No third party may use this waiver in any way and no waiver of immunity in favor of a third
party is intended by this Contract.
B. Nothing in the performance of this Agreement shall impose any liability for
claims against the County other than claims for which the Texas Tort Claims Act may impose
liability.
C. Nothing in the performance of this Agreement shall impose any liability for
claims against City other than claims for which the Texas Tort Claims Act may impose liability.
4.
Compensation
As fair compensation for the services provided by County pursuant to this agreement,
City agrees to the County the sum of$35.00 per immunization shot.
5.
Independent Contractor
County shall operate under this agreement as an independent contractor and not as an
officer, agent, servant, or employee of City. County shall have the exclusive right to control the
details of the work and the services performed hereunder, and all persons performing same. City
shall have no right to exercise any control over or to supervise or regulate County personnel in
any way. The doctrine of Respondent Superior shall not apply as between the parties, and
nothing herein shall be construed as creating a partnership or joint enterprise between the parties.
6.
Liaison
City shall designate one or more persons who shall be available to consult with County, if
needed, to assist in resolving problems and questions .that may occur during the term of this
agreement.
7.
Termination
This agreement may be terminated as a result of a material breach by either party who
fails to cure such default within a reasonable period of time after having been notified of the
material breach by the non-breaching party.
INTERLOCAL AGREEMENT
HEPATITISIMMUNIZATIONS
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Page 2 of4
8.
Third-Part Beneficiaries
This Agreement shall inure only to the benefit of the parties hereto and third persons not
privy hereto shall not, in any form or manner, be considered a third party beneficiary of this
Agreement. Each party hereto shall be solely responsible for the fulfillment of its own contracts
or commitments.
9.
Entirety
This agreement and all attachments incorporated herein by reference constitute the entire
agreement by the parties hereunder, and any prior or contemporaneous oral or written
agreements shall be void.
10.
Severability
In case any one or more of the provisions contained in the agreement shall for any reason
be held to be invalid, illegal or unenforceable in any respect, such invalidity, illegality or
unenforceability shall not affect any other provision of this agreement, and this agreement shall
be construed as if such invalid, illegal, or unenforceable provisions had never been contained
herein.
11.
Venue
This agreement shall be construed under and in accordance with the laws of the State of
Texas, and the venue for any litigation arising from this agreement shall be in Tarrant County,
Texas.
12.
Authority
This agreement is made for City and County as an Interlocal Agreement pursuant to
Chapter 791 of the Government Code of Texas.
13.
Authorization
The undersigned officers and/or agents of the parties hereto are properly authorized
officials and have the necessary authority to execute this agreement on behalf of the parties
hereto, and each party hereby certifies to the other that any necessary actions extending such
authority have been duly passed and are now in full force and effect.
INTERLOCAL AGREEMENT
HEPATITIS IMMUNIZATIONS
Page 3 of4
EXECUTED in triplicate in Fort Worth, Tarrant County, Texas, this the ; of ,
2004.
CITY OF FORT WORTH TARRANT COUNTY
Charles Boswell Tom Vandergriff
Assistant City Manager County Judge
Date: d Date: vo�
APPROVED AS TO FORM APPROVED AS TO FO
Assistant City Attorney Assist t istrict Attorney
ATTEST: 0---
contract
Authorization
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ity Secretary Date
INTERLOCAL AGREEMENT 9HEP
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IMMUNIZATIONS L1rLr ,
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City of Fort Worth, Texas
Mayor and Council Communication
COUNCIL ACTION: Approved on 4/6/2004
DATE: Tuesday, April 06, 2004
LOG NAME: 142ND HEPA REFERENCE NO.: **C-20020
SUBJECT:
Authorization to Enter into an Inter-Local Agreement with Tarrant County, Texas, in order to Provide
the Second Series of the Hepatitis A Shots for City Employees
RECOMMENDATION:
It is recommended that the City Council authorize the City Manager to execute an inter-local agreement
with Tarrant County for the period of April 1, 2004 to December 31, 2004, in order to provide the second
series of the Hepatitis A shots for firefighters, police officers and other employees at risk.
DISCUSSION:
Texas Government Code, Section 607.004 allows certified Firefighters and other governmental employees
who operate ambulances, or who respond to emergency medical calls to be entitled to preventative
immunizations, for any disease to which the Firefighter or other governmental employee may be exposed in
performing official duties and for which immunization is possible. The employee, and any member of the
employee's immediate family, are entitled to vaccination for contagious diseases to which the employee is
exposed during the course of employment. The governmental entity may satisfy the requirements by:
Providing the immunization or vaccination without charge; or
Reimbursing the employee for any necessary and reasonable expenses incurred
by the employee for immunization or vaccination.
The City of Fort Worth paid Tarrant County to provide Hepatitis A vaccinations to City of Fort Worth
employees through an inter-local agreement. The agreement expired February 28, 2003. Effective
February 1, 2004, the City contracted with the Current Occupational Health Provider, Med Alert, at $60 per
injection. However, Tarrant County is willing to continue to offer the service to City employees at the
previous contracted price of$35 per injection for nine (9) additional months.
Based on the pricing from Tarrant County, the projected total cost for offering the second Hepatitis A shots
to approximately 1,420 employees is $59,700. This price is approximately $42,600 less than the current
Occupational Health provider.
Therefore it is recommended that the City of Fort Worth continue the inter-local agreement with the County
until December 31, 2004.
FISCAL INFORMATION/CERTIFICATION:
The Finance Director certifies that funds are available in the current operating budget, as appropriated, of
the Workers' Compensation Fund.
Logname: 142ND HEPA Page 1 of 2
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TO Fund/Account/Centers FROM Fund/Account/Centers
FE73 539120 0147310 !61 700.00
Submitted for City Manager's Officebv: Charles Boswell (6183)
Origginating Department Head: Karen Marshall (7783)
Additional Information Contact: Janina Flores (7766)
Logname: 142ND HEPA Paae 2 of 2